Bill Summary for H 388 (2025-2026)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO AMEND THE NORTH CAROLINA BUSINESS CORPORATIONS ACT, ASECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION, TO AUTHORIZE THE PROBATE OF A CERTIFIED COPY OF AN ATTESTED WRITTEN WILL THAT HAS BEEN STORED BY AN ATTORNEY AS AN ELECTRONIC RECORD, TO MODIFY THE EMERGENCY VIDEO SUNSETS, TO MAKE UPDATES TO THE ELECTIVE SHARE STATUTES, TO UPDATE STATUTES RELATING TO TRUST ADMINISTRATION, AND TO MAKE REVISIONS TO THE YEAR'S ALLOWANCE STATUTES.Intro. by Stevens.
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Bill summary
Senate committee substitute to the 2nd edition makes the following changes. Makes conforming changes to act’s long title and effective date.
Adds the following content.
Part VIII.
Enacts Article 11, “Electronic Storage of Attested Written Will by an Attorney,” to GS Chapter 31, authorizing an attorney licensed in the State to store the testator's attested written will as an electronic record at the testator's direction at any time during the life of the testator in GS 37-71. Provides for a sworn certification. Specifies that if the attested written will is lost or destroyed after being stored as an electronic record, the loss or destruction is not deemed a revocation of the attested written will, nor deemed a presumption of revocation of the attested written will. Provides for probate of a certified paper copy of an attested written will stored as an electronic record under GS 31-72 using the process in GS 28A-2A-8. Makes technical and conforming changes to GS 28A-2A-8, including to statutory title. Allows for certified paper copies of an attested written will stored as an electronic record under GS 31-72 to be established as valid under GS 28A-2B-1. Makes conforming changes to GS 28A-2B-3 (contents of petition for will validity) and GS 31-3.2 (kinds of wills). Requires wills to comply with the requirements of GS Chapter 31 in GS 31-3.1 (was, Article 1 of GS Chapter 31, pertaining to the execution of a will). Effective January 1, 2026, and applies to attested written wills stored as electronic records on or after that date, regardless of the date of execution of the attested written will.
Part IX.
Extends the sunset date of the emergency video notarization authority under GS 10B-25(n) to the earlier of (1) 12:01 a.m. July 1, 2026, or (2) the date the Secretary issues the first license in accordance with GS 10B-134.19 (platform licensure pertaining to remote electronic notarization). Specifies that if the Secretary issues the first license prior to 12:01 a.m. July 1, 2026, the Secretary must file that date with the Codifier of Rules to be published in the North Carolina Register as the expiration date of GS 10B-25(n).